Although the Illinois Biometric Information Privacy Act has been on the books for almost 10 years, a recent surge in lawsuits has likely been brought on by developments in biometric scanning technology and its increased use in the workplace. At least 32 class action lawsuits have been filed in recent months by Illinois residents in state court challenging the collection, use and storage of biometric data by companies in the state. This could potentially cause a reevaluation of company strategies and development of new defenses in the use of advancing biometric technology.
Mark E. Schreiber focuses his practice on cybersecurity, data breach response and global privacy coordination. He advises entities facing cross-border data protection, Privacy Shield and related issues, strategic decisions, and investigations. Mark has led numerous multi-national and cross-border matters, including those involving data breaches, and has advised senior management, boards, and special board committees on a variety of investigations, including data breach prevention and response. Mark is a leader of the Firm’s Global Privacy and Cybersecurity practice. Read Mark Schreiber's full bio.
The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court judgment stating that there are “well founded grounds” to find the Model Clauses invalid. The issue of Model Clauses as a legitimate data transfer mechanism will now be adjudicated by the European Court of Justice (ECJ), the same court that previously overturned the Safe Harbor arrangement. EU and US companies will need to consider various strategies in anticipation of this decision.
New cybersecurity regulations issued by the NYDFS define the nonpublic information they regulate in exceptionally broad terms. This expanded definition of Nonpublic Information will create major challenges for regulated companies and their third-party service providers that will likely ripple through other ancillary industries.